Washington Complaint for Conversion Seeking Punitive Damages

State:
Multi-State
Control #:
US-02074BG
Format:
Word; 
Rich Text
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Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Punitive damages are difficult to get because plaintiffs are typically required to show that the defendant acted in a particularly reprehensible manner.

Unlike many other states, Washington does not cap economic or non-economic damages. This means that victims can seek compensation for their full amount of medical bills, lost wages, and pain and suffering.

Currently, punitive damages are generally uninsurable in five states (California, Colorado, New York, Rhode Island, and Utah) under the idea that allowing for the insurability of punitive damages undermines the punishing effect that such awards are meant to have.

2 The Washington Supreme Court heard oral arguments on September 11, 2001, and on November 21, 2001, it affirmed the Court of Appeals on all issues. ' As a result, punitive damages are now considered to be insurable in Washington State.

Washington is one of the few states that generally does not allow punitive damages in personal injury cases. Unless the action is specifically allowed in a state statute, victims are not allowed to benefit from punitive damage awards.

Conversion is an intentional tort. The intent that must be proven is the intent to exercise dominion and control over the plaintiff's property in a manner inconsistent with the plaintiff's rights. However, intent or purpose to do a wrong is not necessary to establish conversion, merely intent to seize the property.

Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence.

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Washington Complaint for Conversion Seeking Punitive Damages